R (Castle & Ors) v Commissioner of Police for the Metropolis

This case involved a challenge to the police use of containment at the student protests on Whitehall in November of last year.  The case was brought on behalf of three school children who were contained for between six and eight hours and complained that this was in breach of their rights under the ECHR and at common law.  They relied in particular on the duty of the Police in the Children Act 2004 to make arrangements for the welfare of children.

The Divisional Court (Pitchford LJ and Supperstone J) rejected the challenge on all grounds.  The Court held that the evidence of a breach of the peace justified the use of containment.  The Court further held that the steps taken by the police to release vulnerable individuals throughout the period of containment were lawful and adequate in the circumstances and that it was legitimate to delay the claimants’ release in order to carry out searches and arrest offenders.  In July 2012, the Court of Appeal refused permission to appeal.

Ivan Hare appeared for the Commissioner.